On the last day of its spring session, the U.S. Supreme Court ruled in a long-anticipated death penalty case, Glossip v Gross.

Though the case’s scope was narrow – only relevant to one drug used in a handful of state execution protocols – the oral arguments held in April unfolded with rare courtroom drama and revealed deep disagreement between the Justices about the death penalty in the United States.

The Court’s final ruling in favor of Oklahoma’s right to use the drug in question – midazolam – seemed to ignore the fact that the death penalty is falling into disuse around the country and that there is a growing consensus across the political spectrum that it is broken beyond repair. But those facts were not lost on the Court’s minority.

It’s hard to imagine that after all that work done to pass repeal in Nebraska, the debate over the death penalty is still not over. But it's not.

Why? Because some lawmakers are clinging so desperately to the death penalty that they are scrambling to get illegal execution drugs and trying to force the issue onto the ballot. If death penalty supporters get enough signatures, a decision about death penalty repeal will go on the November 2016 ballot in Nebraska.